Ars Legis — Publications

Articles by Ars Legis’ members occasionally appear in publications such as “Internationales Steuer- und Wirtschaftsrecht” (IWB) published by NWB-Verlag. The following contributions have so far appeared thanks to the coordination and facilitation of Prof. Dr. Ekey:

Ars Legis (Pub.): Company Law in Europe

This work introduces the companies in European Union Member States and Switzerland and provides an overview of the most important legal regulations to be observed. In accordance with the book’s conception, the authors place importance on the briefest, most succinct presentation possible, focussing on the most significant information. The book is intended for entrepreneurs and management professionals as well as their legal, taxation and commercial advisors. The individual contributions address corporations at first in the form of an overview, the basic processes including capital resources, costs and fees. The executive bodies of the organisation are also presented. Short descriptions of taxes in the respective country follow this as well as the company’s liability, including the liability of the executive bodies and potential liabilities affecting the company’s owners. Explanations about potential criminal responsibility conclude the respective country chapter. At the same time the authors also consider the fact that European norms are influencing the national laws in the Member States to an ever greater extent and are even determining them. We are referring here to none other than the “Action Plan on Modernising Company law and Enhancing Corporate Governance” from the European Commission on 21/05/2003. The requirements for the cross-border activities of companies have been and continue to be significantly simplified according to this political will. Difficult legal questions frequently arise when a company makes the decision to “expand abroad”. Answers to such questions today can only be found by qualified consultants with strong networks in Europe and further afield.

Heidelberg Commentary on Trademark Law

A litany of new Ars Legis colleagues was won in order to complete this work. The new issue of Volume 1 with the commentary on market law contains explanations of the Trademark Act and the trademark law of other selected countries. The commentary on the Community Trademark Regulation follows in Volume 2 from 2009. Also considered are the changes brought about by the Intellectual Property Rights Enforcement Directive (in force since 01/09/2008) which serve primarily to implement the EU Enforcement Regulation. The explanations begin with a short legal-historical overview of trademark law and its integration into the legal system. The commentary on the Trademark Act is clearly structured and provides a good overview of jurisprudence. The influence of European Law and the relationship of the Trademark Act for protecting brands through the TRIPS treaty are also explained. The second chapter consists of an overview of trademark law in the most important EU Member States in which legal guidelines affecting trademarks have to be implemented in the same fashion as in Germany. The legal provisions for trademarks in India, Switzerland, the USA, Croatia, Norway, Turkey as well as China are also explained, the latter also with descriptions of Chinese domain law. The supplementary texts in the appendix, the directory of protected indications of origin and geographical origin entries as well as a case directory with finding aids are helpful for practitioners.

Heidelberg Commentary on Competition Law

A litany of new Ars Legis colleagues was won in order to complete this work. The liberalisation of competition law has been continued with the revision of the Unfair Competition Act (Ger: UWG). The key points of the reform are increased consumer protection, a lifting of the ban on special events due to the expiry of provisions on closing, anniversary or clearance sales, the introduction of rights to skim profits in the event of unfair business practices through anti-competitive behaviour or the regulation of telemarketing. The changed system of the act as well as many alterations have led to increased information needs for all parties who deal with this subject matter.

The work offers a rapid and comprehensive insight into the subject matter through its clearly laid-out structure and quickly leads the reader to a solution.

The authors first provide an overview about the historical foundations of the UWG and its further development and then explain the system of competition law within the legal system, unfair business practice law in Europe and competition from the public sector. The commentary on the Unfair Competition Act is oriented towards High Court level jurisprudence. Focus areas include procedural law and references to foreign competition law. The pricing regulations are also explained. A separate chapter provides an overview regarding competition law in other countries both in and outside Europe e.g. China and the USA. This has been included to address the ever increasing significance of foreign legal systems.

Relevant guidelines, legal texts, fact sheets etc. together with an alphabetical case directory and finding aids can be found in the appendix.